BYLAW - Assume Establish Highways Preserve Homes Phases1 2 - 20140729 - 563514By-law Number 5635-14
BEING A BY-LAW to assume
highways for public use and to
establish lands as highways
(Preserve Homes Corporation -
Phase 1 and Phase 2).
WHEREAS subsection 31(4) of the Municipal Act, 2001, S.O. 2001, as amended, c.
25 (the "Act'), requires a municipality to enact a by-law in order to assume highways
for public use, and that subsection 44 of the Act respecting maintenance of highways
does not apply to the highways until such time as the municipality has passed such a
by-law;
AND WHEREAS The Corporation of the Town of Aurora (the 'Town") and Preserve
Homes Corporation entered into a Subdivision Agreement — Phase 1 dated June 28,
2005 with respect to the lands contained within Plans 65M-3850, 65M-3851 and
65M-3852 ("Phase 1");
AND WHEREAS The Corporation of the Town of Aurora (the 'Town") and Preserve
Homes Corporation entered into a Subdivision Agreement — Phase 2 dated October
17, 2006 with respect to the lands contained within Plans 65M-3945 and 65M-3946
("Phase 2");
AND WHEREAS the Town deems it necessary and expedient to assume certain
highways only within Phase 1 and Phase 2 for public use and be responsible to
maintain those highways;
AND WHEREAS subsection 31(2) of the Act requires a municipality to enact a by-law
in order to establish land as a highway unless: a) it is a highway transferred to a
municipality under the Public Transportation and Highway Improvement Act; b) it is a
road allowance made by a Crown surveyor located in a municipality; or c) it is a road
allowance, highway, street, or lane shown on a registered plan of subdivision;
AND WHEREAS the Town is the owner of lands acquired for reserve purposes
adjoining certain highway(s) that are assumed (or to be assumed) and maintained for
public use by the Town (the 'Reserves");
AND WHEREAS the Town deems it necessary and expedient to establish such
Reserves as forming part of those highway(s);
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the following lands in the Town of Aurora, Regional Municipality of York,
be and are hereby established as a highway by the Town:
a) Block 166, Plan 65M-3946, forming part of Mavrinac Boulevard.
2. THAT the following highways in the Town of Aurora, Regional Municipality of
York, be and are hereby assumed for public use and maintained by the Town:
a) Ames Crescent, Plan 65M-3945;
b) Nicklaus Drive, Plan 65M-3946;
c) Kane Crescent, Plan 65M-3946;
d) Steel Drive, Plan 65M-3946;
e) Pattemore Gate, Plan 65M-3946;
f) Halldorson Avenue, Plan 65M-3946;
g) Mavrinac Boulevard, Plan 65M-3946; and
h) Mavrinac Boulevard, Plan 65M-3852.
3. THAT a copy of this By-law be registered in the appropriate Land Registry
By-law Number 5635-14 Page 2 of 2
office on title to lands and highways set out herein.
4. THAT the provisions of this By-law shall come into full force and effect upon
final passage hereof.
READ A FIRST AND SECOND TIME THIS 29th DAY OF JULY, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 29th DAY OF JULY, 2014.
Approved as toYOM
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